When it comes to employment in Virginia, background checks are a common and crucial part of the hiring process. If you’re navigating the job market or just curious about how background checks work in Virginia, here are some key points to consider.

How far back can an employer go on a background check in Virginia?

In Virginia, employers typically look at criminal records going back seven years for both felony and misdemeanor convictions. However, there is no specific state law limiting how far back they can check, which means some employers might review your entire criminal history depending on their policies and the nature of the job. Criminal convictions will be reported on your Virginia background check for life, unless you qualify and take advantage of Virginia’s new record sealing laws to prevent employers from seeing a prior criminal conviction.

What is the background check policy in Virginia?

Virginia follows federal guidelines under the Fair Credit Reporting Act (FCRA), which mandates that employers must obtain written consent from applicants before conducting a background check. Additionally, if an employer decides not to hire you based on the background check results, they must provide you with a copy of the report and a summary of your rights under the FCRA.

What shows up on a VA background check?

A Virginia background check can include several types of information:

• Criminal history, including misdemeanors and felonies
• Employment verification
• Education verification
• Credit reports (for positions that require financial responsibility)
• Driving records (for positions that involve driving)
• Professional licenses

What is the most intense background check?

The most intense background check is typically a federal government security clearance, such as a Top-Secret clearance. This involves a thorough review of your personal, professional, and financial history, interviews with acquaintances, and possibly a polygraph test.

What does a top-secret background check consist of?

A Top-Secret background check includes:

• Comprehensive review of criminal history
• Verification of employment and education
• In-depth interviews with friends, family, and colleagues
• Financial history review
• Polygraph test (in some cases)
• Drug testing

Do pending charges show up on a background check in Virginia?

Yes, pending charges can show up on a background check in Virginia. Employers can see current charges that have not yet been resolved in court.

Can you run a background check before an offer is made in Virginia?

Yes, employers in Virginia can run a background check before making a job offer, but they must comply with FCRA guidelines, including obtaining the applicant’s consent.

What are barrier crimes in Virginia?

Barrier crimes in Virginia are specific offenses that disqualify individuals from working in certain jobs, particularly those involving vulnerable populations, like children or the elderly. These include serious felonies such as murder, sexual assault, and drug trafficking.

Does your criminal record clear after 7 years in the Virginia?

No, a criminal record does not automatically clear after seven years. Criminal convictions will aways be reported on your background check in Virginia. Fortunately, Virginia’s new record sealing laws allow qualifying criminal convictions to be sealed from the view of employers. The laws go into effect July 1, 2025.

What is the 7 year rule?

The seven-year rule refers to the FCRA’s limitation on reporting certain types of negative information, such as arrests, civil suits, and judgments, after seven years. This rule does not apply to criminal convictions, making Virginia’s new record sealing laws even more impactful.

Virginia Code § 40.1-28.7:5 – Social Media Privacy

Employers in Virginia cannot require applicants or employees to provide their social media usernames or passwords. They also cannot ask to be added to a candidate’s list of social media contacts. This law protects the privacy of employees and applicants regarding their personal social media accounts.

Virginia Code § 19.2-392.4 – Disclosure of Expunged Records

Virginia Code § 19.2-392.4, once effective, prohibits employers from asking job applicants to disclose information about expunged, pardoned, or otherwise erased criminal records. This ensures that individuals with such records are not unfairly judged based on past incidents that have been legally cleared. The law further allows the applicant to deny the prior charge that was expunged.

Ban-the-Box Laws

Virginia has several laws and executive orders designed to protect job applicants with criminal histories from discrimination during the hiring process:

• Virginia Code § 15.2-1505.3: This law prohibits public sector employers in Virginia from asking about an applicant’s criminal history or pending criminal cases on a job application or before an initial interview. Exceptions are made for law enforcement, local school boards, and other sensitive positions.

• Executive Order No. 41: This order restricts public sector employers within Virginia’s executive branch from inquiring into an applicant’s criminal history before the applicant is deemed eligible for employment and is being considered for a position. Employers must make individualized assessments before deciding not to offer a job based on criminal history.

New Record Sealing Laws in Virginia

Starting July 1, 2025, Virginia’s new record sealing laws will allow certain criminal convictions to be sealed. This means that these sealed convictions will not appear on your background check. This change provides a significant opportunity for individuals with eligible convictions to move forward without the burden of past mistakes impacting their job prospects.

Understanding the aspects of background checks can help you better navigate your job search and manage your personal information effectively. If you have specific concerns or questions about your background check, contact Clean Slate Virginia to discuss your specific situation.